CAL BANK PLC VBRS. HAMOUI (CM/BFS/0646/2023) [2024] GHAHC 66 (27 March 2024)

CAL BANK PLC VBRS. HAMOUI (CM/BFS/0646/2023) [2024] GHAHC 66 (27 March 2024)

The Plaintiff's suit is an abuse of court process because there is a prior pending suit between the same parties on the same subject matter, and the Plaintiff should have pursued its reliefs by counterclaim in the earlier suit. The non-compliance with time limits by the Defendant in filing the application is waived as it does not go to the root of the matter.

Citation
CAL BANK PLC VBRS. HAMOUI (CM/BFS/0646/2023) [2024] GHAHC 66 (27 March 2024)
Parties
Plaintiff/respondent: CAL BANK PLC; Defendant/applicant: Bilal Fayez Hamoui
Court
ghahc
Jurisdiction
Ghana
Judgment Date
27 March 2024
Procedural Posture
Civil (commercial Division) / Ruling on Motion to Strike Out Writ and Dismiss Suit
Outcome
Suit dismissed as an abuse of court process; application to strike out granted; no order as to costs.
Legal Topics
Abuse of Process, Striking Out Pleadings, Lis Alibi Pendens, Counterclaim, Jurisdiction
Source Language
eng
Civil Procedure Commercial Law Abuse of Process Striking Out Pleadings Lis Alibi Pendens Counterclaim Jurisdiction

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Parties

CAL BANK PLC

Plaintiff/respondent

Bilal Fayez Hamoui

Defendant/applicant

Procedural Posture

Civil (commercial Division) / Ruling on Motion to Strike Out Writ and Dismiss Suit

Legal Issues

  1. 1 Whether the Plaintiff's suit constitutes an abuse of court process due to the pendency of an earlier suit between the same parties on the same subject matter
  2. 2 Whether the Defendant's application to strike out the suit was filed out of time and if such non-compliance should be waived

Ratio Decidendi

The Plaintiff's suit is an abuse of court process because there is a prior pending suit between the same parties on the same subject matter, and the Plaintiff should have pursued its reliefs by counterclaim in the earlier suit. The non-compliance with time limits by the Defendant in filing the application is waived as it does not go to the root of the matter.

Court Disposition

Suit dismissed as an abuse of court process; application to strike out granted; no order as to costs.

Orders

  • The Plaintiff's suit (CM/BFS/0646/2023) is dismissed as an abuse of process.
  • No order as to costs.